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Impact of Covid-19 on the Indian judiciary; functioning of courts in an unprecedented scenario

Posted on November 20, 2021November 20, 2021 By Ayush No Comments on Impact of Covid-19 on the Indian judiciary; functioning of courts in an unprecedented scenario

This Article is written by Pratham Bhatt.

Table of Contents

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  • Introduction
  • Challenges faced
  • Methods adopted by the courts
  • Conclusion

Introduction

The Covid crisis put the entire world in a state of panic and chaos. It had an adverse impact on every sphere of life including the judiciary and the administrative systems all over the world. It presented a completely new set of challenges in front of every individual. The Indian Justice system was not immune to the impact of the global pandemic. The Indian legal system was slightly fortunate as the pandemic peaked at the time when the courts were already being prepared for a process of digitization. The 2008 amendment of the Information and Technology Act of 2000 led to an acceleration in the process of achieving E-governance. E-courts were an initiative that was first mentioned in the 2006 N.eG.P or the National E-governance Plan. The pandemic was seen as a grievous reason to bring about a rapid transformation. Keeping in mind the safety precautions and regulations introduced, lawyers, judges and litigants were not allowed to physically conduct the courts.

A lot of the plans and platforms that were being designed for years were given a chance to actually contribute to day-to-day court functions. A lot of apps discussing court-related matters at several levels (for example Lok Adalat apps) were put into use. The courts had to be efficient and had to adapt quickly to the challenging times. The article further discusses the various challenges faced by the judiciary during the last 2 years.

of image – https://techobserver.in/2020/12/21/e-courts-project-wins-digital-india-award/}

Challenges faced

The functioning of the courts was completely obstructed by the pandemic. Every level of India’s judiciary felt the adverse effects of the Covid era. The Supreme court was quick to react to the onset of the pandemic by introducing measures such as sanitization of the court and meetings being held virtually. The offices all over the country were operating at a reduced capacity and the Courts all over the country were quick to announce that only essential staff would be present in the office. As the postal services all over the country were suspended, the courts accepted and sent out documents via email, fax and other online platforms. The courts also granted 45 more days to all parties as an extended mediation period. Like any organisation, the grassroots and the basics have to be protected. Changes were brought about in the district and subordinate level courts swiftly. The prisoners who were on the trial were not produced before judges in person. Their remand period was extended and sentences were announced via video conferencing. The canteen areas and cafeterias used by the judicial officers were sanitized and all standards of the health commission were met.

The Indian judicial system was never efficient and delays were common. The pandemic further increased the burden of the ongoing cases and the courts were swamped. In April of 2020, 35000 cases were solved by the judiciary. In April of 2019, the number of cases solved was at a staggering 1.4 million. Digital justice was a little slow and sluggish but was a cheaper and only alternative for the citizens. The response received by the new initiatives was mixed. The physical elements and the spirit of courts were missing but the virtual set-up was doing its job with a certain degree of efficiency. Experts of the legal field believed that the current methods adopted will prove to be of high value to the future. Changes have to be made in the current education and syllabus concerning law. A good hand at technology is a must. Basic knowledge of virtual platforms is a must. Computer-based education has to be inculcated in the current teaching methods. 

Methods adopted by the courts

1. The E-court move – The implementation of internet courts on the district level had begun before the pandemic struck. The main aim of these courts was the delivery of justice in a swift and efficient manner and also in a way that is convenient to the citizens. The E-courts were also accessible from the Judicial service sector. A strong framework was ready to be put into a function at the peak of the pandemic. The courts had their own individual website that contained important information on summons, warrants and judgements, accessible in a PDF format. It also displayed basic information such as court holidays and the personal information of judges that proved to be useful during the Covid times.

2. Launching of applications (apps) – The biggest change made to date was made much before the Covid pandemic with the introduction of the Supreme court app. The Chief Justice of India SA Bobde hoped that law combined with artificial intelligence would lead to greater efficiency and improved quality. The app is also aimed at quick legal translation. Translation in the past was always done manually and it caused a lot of unnecessary delays. The app can be accessed and downloaded by everyone and is free of charge. It displays a versatile dashboard that contains data regarding ongoing cases, judgements, reports and updates. 

Another vital element of E-courts is the 2017 E-court services app. It is very similar to the application launched by the supreme court of India. Often it operates at the district level or at the level of a High court or both subsequently. It also contains information about ongoing and completed cases. The app has been of High importance to lawyers and litigants who often use it for research purposes. The app can help any individual in tracking a case/lawsuit under the ‘my cases’ tab. The app also sends notifications regarding future hearings. Containing information about more than 3.2 crore cases, the app has already been downloaded by more than 1.7 million users. The app is also QR code enabled and a provision has been made to pay any sort of E-court fees. Excluding minor hiccups, the judiciary has adapted quickly to the modern ways of litigation and has not let the pandemic obstruct its functioning. 

Conclusion

The pandemic was perhaps the biggest global challenge the world has ever faced. It had negative impacts on all spheres of life. The administration had to be rapid in responding to uncertain times. Almost 2 years have passed and the pandemic is still obstructing the normal course of life. We have to be quick to adapt to the “new way of life”. With the onset of Covid-19, the judiciary had to undertake all necessary precautions and had to rely on technology for delivering justice. The world may stop but criminals do not. The courts of our country have embraced the E-court concept and have shown great determination and a will to evolve. With the progress made in the field of artificial intelligence, research in the field of law has become much easier. Citizens are spending less than usual and enjoy a certain degree of convenience. The physical element of the courts may be missing but the judiciary is delivering on its promise to administer justice.

References

title of the article – “The Covid 19 crisis- the new challenges before the Indian justice and administration system”, written by –Jyoti Rattan, Vijay Rattan, website – International journal for court administration, https://www.iacajournal.org/articles/10.36745/ijca.391/

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